CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 764

Introduced by Senator Padilla

February 17, 2023

An act to amend Section 106.5 of the Business and Professions Code, relating to the Department of Consumer Affairs.


LEGISLATIVE COUNSEL'S DIGEST


SB 764, as introduced, Padilla. Department of Consumer Affairs: regulatory boards: removal of board members.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the appointing authority to remove from office any member of any board within the department appointed by them for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law authorizes the Governor to remove a member of a board or other licensing entity in the department from office if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity's next examination and directly or indirectly discloses those questions in advance of or during the examination to any exam applicant.
This bill would instead authorize the appointing authority to remove a member that discloses questions in advance of or during an examination, as described above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 106.5 of the Business and Professions Code is amended to read:

106.5.
 Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entity’s next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.
The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.